Pay TV claims are ACMA’s beat, says Conroy

The federal government says it is up to the independent Australian Communications and Media Authority to consider whether to pursue revelations that a secretive unit within
News Corp
promoted high-tech piracy.

Prime Minister
Julia Gillard
said the government had not referred the reports to the Australian Federal Police and urged anyone with information about criminal activities to do so.

“If there is anyone who has in their possession material they think raises concerns about a criminal offence then they should refer it to the police," she said.

Communications Minister
Steph­en Conroy
said his department did not have a role in investigating the revelations, published in The Australian Financial Review, that a News Corp subsidiary promoted piracy that damaged Austar, Optus and Foxtel as News was trying to take control of the pay TV industry.

“The appropriate authority, if an authority is to look at this, is the ACMA," he told Sky News yesterday. “They are an independent statutory body."

He called on the Financial Review to take the matter to the police if there was any material contained in the 14,000 emails linked to News Corp subsidiary NDS that indicated criminal activity.

“If the AFR have got any information they believe is about criminal conduct in Australia, they should refer it to the AFP," Senator Conroy said.

“I’m not suggesting there is any criminal conduct that would lead to the Federal Police at this stage."

Related Quotes

Company Profile

Financial Review editor-in-chief Michael Stutchbury said the paper’s articles had not suggested any criminal activity had taken place and it had published the emails online.

“We have not been approached by the Australian Federal Police. If we get approached by the AFP we would consider whatever approach they might make," he said.

The AFP said it was “not currently investigating allegations of corporate hacking into pay TV".

But an AFP spokeswoman confirmed that, as revealed yesterday by the Financial Review, it was working with UK police investigating the News Corp phone hacking scandal, which led to the closure of the News of the World tabloid in the UK.

“The AFP can confirm that it first received a referral in relation to News Corp on July 12, 2011. This is a long and protracted UK investigation," the spokeswoman said.

“The AFP is assisting the UK police with their inquiries, and is ­unable to provide any further comment on their investigation."

News Corp has categorically denied any involvement in promoting piracy and points to court actions by competitors making similar claims, from which it emerged victorious.

On Wednesday, a spokesman for Senator Conroy described the pay TV piracy claims as “serious".

The Financial Review’s investigation comes as the competition regulator examines the proposed takeover of pay TV operator Austar by Foxtel, which is 25 per cent owned by News Ltd, a $1.9 billion deal that would cement its dominance of pay TV in Australia.

Senator Conroy said the takeover was being considered by the Australian Competition and Consumer Commission, which would decide whether the latest news would affect the approval process. He said the government would not intervene.

“The ACCC are going through a proper process. They will consider all of the evidence and all of the information . . . and we won’t be interfering in their processes," he said.

He also said it was up to ACMA, which administers broadcast laws, to decide “whether or not there’s a need following these allegations for there to be any action".